Smith v. Smith’s Empirical Analysis
1961
Citation profile
3
cited by 3 later decisions
1
states following
February 1997
most recently cited
2 state decisions
Relationships
Relies on Owens v. Musselman · Mahan v. Dunkleman · Hamburg v. Doak · Schatz v. Wintersteen
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The relation of husband and wife alone is insufficient to prove the character of confidential relation necessary to invoke the rule shifting the burden of proof to the defendant in a suit to cancel conveyances for undue influence. In addition thereto there must be proof of the substitution of the will, the lulling into a sense of security, the domination of the grantor by defendant in business decisions or other comparable elements.””
1 later decision quote this exact passagee.g. Blanchard v. Gordon
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.